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CENICEROS v. BD. OF TRUSTEES OF SAN DIEGO SCHOOL

No. 94-55257.

106 F.3d 878 (1997)

Melanie CENICEROS, a minor, By and Through her Guardian Ad Litem and Mother Rose RISSER; Rose Risser, Guardian Ad Litem and Mother of Melanie Rose Ceniceros, Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF THE SAN DIEGO UNIFIED SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 1995.

Withdrawn February 6, 1997.

Decided February 6, 1997.

Attorney(s) appearing for the Case

Michael S. Paulsen, University of Minnesota Law School, Minneapolis, MN, and Gerald W. Hokstad, Hurst & Hokstad, Solana Beach, CA, The Rutherford Institute, for plaintiffs-appellants.

Jose A. Gonzales, San Diego Unified School District, San Diego, CA, for defendant-appellee.

Anthony J. Steinmeyer and Lowell V. Sturgill, Jr., United States Department of Justice, Washington, DC, for United States as amicus curiae.

Steven T. McFarland and Kimberlee Wood Colby, Center for Law & Religious Freedom, Annandale, VA, for Christian Legal Society, National Council of Churches of Christ, National Association of Evangelicals, and Christian Life Commission of the Southern Baptist Convention as amicus curiae.

Jay Alan Sekulow, American Center for Law and Justice, Virginia Beach, VA, for Student Coalition for Free Speech as amicus curiae.

Before LAY, BRUNETTI and RYMER, Circuit Judges.

Opinion by Judge BRUNETTI; Dissent by Judge LAY.

ORDER

The opinion filed July 13, 1995, is withdrawn.

OPINION

BRUNETTI, Circuit Judge:

Melanie Rose Ceniceros sued the Board of Trustees of the San Diego School District (the District) seeking declaratory and injunctive relief and damages. Her complaint alleged that, by denying her religious club the opportunity to meet during lunch as other clubs were allowed to, her high school,...

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